In the race for the 165th District Court in Harris County, incumbent Ursula Hall, a Democrat, is being challenged by Republican Bruce Bain, a Houston litigator and certified mediator.
Bain is a managing shareholder of Bain & Bain, described on its website as “a boutique law firm specializing in civil litigation, alternative dispute resolution and appeals.” (The other Bain in the firm’s name is his wife, attorney Joan Lucci Bain.)
Hall, a former Houston Municipal Court judge, was elected to the 165th District Court in 2016, after unsuccessful runs for the state bench in 2010 and 2014. She is the daughter of Anthony Hall, a former state legislator, Houston City Council member and, from 1998 to 2004, Houston’s city attorney.
Bain, a lifelong Republican, served on George H.W. Bush’s vice-presidential staff from 1984 to 1988 and on Bush’s presidential staff from 1988 to 1992.
In 1990, he represented the United States as a staff member at the Economic Summit of Industrialized Nations.
His varied experience includes handling cases involving commercial law, constitutional law, toxic torts, personal injury, insurance defense and real estate law, but he has never held a judgeship, having failed in bids to win election to the district court bench in 2012 and 2016.
Hall would seem to have few admirers in the Houston legal community. In the Houston Bar Association’s 2020 judicial preference poll released earlier this month, respondents favored Bain by a 2-1 margin.
Even more unkind were the results of the bar association’s 2019 judicial evaluation questionnaire, which sought members’ views on all Harris County judges, not just those up for election. Hall had the worst overall rating among 24 civil district court judges, with 65.5% of lawyers who answered the questionnaire giving her the lowest rating possible, “needs improvement.” (The other choices were “excellent,” “very good,” “satisfactory” and “no opinion.”)
In five of six subcategories, she was rated dead last. Those categories were: “follows the law,” “rules decisively and timely,” “demonstrates impartiality,” “uses attorneys’ time efficiently” and “works hard and is prepared.” In the sixth subcategory, “is courteous and attentive toward attorneys and witnesses,” she was rated second-worst.
Earlier this year, the Fourteenth Court of Appeals in Houston took Hall to task for unreasonably delaying a ruling on whether a company should be dismissed as a defendant in a wrongful death suit. The appellate court said she sat on the company’s request to be let out of the suit for nine months. In its opinion, the court cited three other cases in which, it said, Hall’s delays in rulings constituted an abuse of discretion.
The Houston bar’s stated views notwithstanding, Bain, like other Republican judicial candidates in Harris County, may face an uphill fight. The county’s electorate in recent years has turned deep blue. In 2018, there were 23 district court seats up for grabs in Harris County, excluding family courts. Democrats won all 23. The same thing happened in 2016, the year Hall was elected. That year, Bain lost to incumbent District Judge Alexandra Smoots-Hogan, a Democrat, by a margin of almost 53-47.
Hall did not respond to repeated requests from The Texas Lawbook to answer a written questionnaire. The following are Bain’s responses.
Bruce Bain
Q: What led you to practice law?
A: I grew up between two very large families full of boys. Although I had a sister, she was much older than I, so I was on my own. I learned early to analyze differences and look for solutions through open discussion and a search for the truth. I actually learned how to mediate at a young age. I was the first in my family to attend college, and going to law school was my dream because I wanted to make a difference.
Q: What led you to enter this race?
A: I was asked by numerous lawyers to step up to try to make a change in this court. I believe justice delayed is justice denied, and I believe my experience can really make a difference getting this court caught up. Also, I promised my father, who was career military, that when I chose law school as a career, I would pay it forward by serving the community as a judge. My children are now all grown, and I believe it is time to pay it forward.
Q: Tell us a little bit about your career and how your previous experience would help you during your service on the bench.
A: My law practice is a boutique law firm that handles civil litigation and appeals in multiple areas, including commercial, toxic tort, insurance defense, subrogation, constitutional law, personal injury, partnership disputes, business, real estate litigation and condemnation. Many of my clients are major transportation companies, so the issues that arise are diverse. I have represented individuals, small businesses and Fortune 500 companies, and I have served as counsel for both plaintiffs and defendants. I have practiced before every level of court, both federal and state, including JP courts, county courts, probate courts, district courts and appellate courts throughout Texas. My law partner is my wife, Joan Lucci Bain. Bain & Bain PLLC is a female-owned firm, and we have practiced together for over 25 years.
A district judge presides over a wide range of issues encompassing many areas of the law. Its jurisdiction is determined mostly by the amount in controversy, rather than subject matter. I believe my 35 years of diverse litigation experience has prepared me to understand the multiple complex issues that come before a trial judge and to understand the briefs and arguments of counsel regarding those issues. I also understand the daily challenges attorneys face in their practices and appreciate the work that goes in to preparing for a hearing or trial. I pledge to read what they file and listen to their arguments with an open and fair mind. Every case deserves that attention.
Q: What do you wish you’d been taught in law school that you were not?
A: The ins and outs of actually running a practice.
Q: What are one or two of the most significant cases you have handled as a trial lawyer?
A: Sikes vs Global Marine, 881 F2d 176, I believe has the most significant and enduring impact. In that case, I presented the briefing and argument in front of the U.S. Fifth Circuit en banc. This case established the rule that actions taken during a bankruptcy 362 stay order can be voidable, not void per se. The case laid the groundwork for the seminal case of Kalb v. Furnstein. Beyond that, I believe that every case I handle is important to my client.
Q: How often do you practice before the civil courts in Harris County?
A: All the time – for 35 years.
Q: Have you ever practiced before your opponent? If so, what was good and bad about the experience?
A: I have not.
Q: What kind of change would you like to see in the courthouse, and what would you do to promote change if elected?
A: I would like to see continued use of telecommunications. I have always been an advocate of that process even before our current situation. I would also like to see more education and training for our court clerks so they can be better equipped to interact with lawyers.
Q: What kind of feedback do you hear from fellow lawyers about your opponent and how would you do a better job?
A: The 2019 Houston Bar Association Judicial evaluation for the current judge of the 165th states:
Follows the law: 62.2% needs improvement
Rules decisively and timely: 71.1% needs improvement
Is courteous and attentive: 43.1% needs improvement
Demonstrates impartiality: 49.6% needs improvement
Uses attorney time efficiently: 62.5% needs improvement
Works hard: 58.7% needs improvement
See also, In re SMS Fin. XV, L.L.C., No. 01-19-00850-CV (Tex. App. Feb. 6, 2020), where the First Court of Appeals took judicial notice of numerous grants of mandamus relief by the First and Fourteenth Courts of Appeals because the 165th Court had failed to rule in a timely manner.
Q: What else sets you apart from your opponent?
A: In my 35 years of practice I have been lead counsel from initiation through appeal in hundreds of cases encompassing many areas of the law. I know what it takes outside of the courthouse to prepare a case for trial. My practice is diverse, so I have had experience in many areas of the law. I have been a member of the State Bar College for over 10 years, which means I actively participate in more than 30 hours of CLE every year to keep current on both substantive law and procedures. I have been a Pro Bono College Member for over five years, meaning I do 70 hours of volunteer work. I believe this background will enable me to grasp the many issues that come before a civil district court judge and to rule quickly. “Justice delayed is justice denied” is my mantra. A trial bench needs a trial lawyer. As one, I understand what challenges and obstacles lawyers face. I also understand that no matter the amount in controversy, every case is important to the litigants involved and deserves the same attention. And I understand the importance of ruling timely and correctly to avoid lengthy and costly appeals. I am also a mediator trained to be impartial, which is another important role of a judge. While every trial attorney is trained to be an advocate, few have been trained to be fair and impartial.
Q: One of the biggest challenges civil courts are facing right now is the backlog of jury trials due to COVID-19. What would you do to combat that challenge?
A: I would continue to use outlets such a video conferencing and telecommunications to speed up the backlog in the court. I would also hold more hearings to try to stop the backlog. There is no reason that the courts cannot conduct bench trials via the video conferencing platforms. Jury trials will be more challenging and must be scheduled so that no courtroom time is wasted once they resume in the civil courts.
Q: There is a significant problem with (a) jury attendance and (b) jury pool diversity. Less than one in five people summonsed to jury service shows up. Those who do show up do not seem to be a representative cross-section of the community. How is this impacting the administration of justice in Texas and what can be done about it?
A: Most people try to get out of services as they do not appreciate the need for a qualified neutral pool and frankly it interferes with their normal routine. We already have laws to protect jurors from lost pay if they are serving as a juror, but this does nothing to assist small-business owners or mothers who must arrange what can be costly child care when they are paid almost nothing to attend. If you increase the jurors pay and pay for parking, it would help those who serve. You could also formalize the summons procedure by giving a person has two or three chances to respond to their summons by scheduling a time that is more convenient. If they do not respond, there needs to be a consequence – they will be required to appear in front of a judge and explain why they were not able to appear for jury duty. In some states a judge can fine the person up to $500 and most of the time will require them to complete jury service, but it rarely happens. Perhaps a better solution would be to prevent them from renewing their drivers’ licenses or similar convenience until they have served.
Q: No matter what you say here, some voters will vote against you simply because they’re straight-ticket voters and you’re on the wrong side of their ballot. There is another group of voters who are inclined to do the same, but could be convinced otherwise. What would you say to them? Why should they vote for you even if your political party doesn’t match their values?
A: The ballot for Harris County in 2020 will be one of the longest in the country. There is no longer straight party voting. To vote for all the candidates who support your values, you must go through each race separately. Many may think that voting in the federal and state legislative races is enough to protect your values. Do not make that fatal mistake! The judicial races are important – judges are the gatekeepers in our system. Their job is to be fair and impartial, that is why we are not permitted to give an opinion on political issues. We must rule on each case based on the facts presented and the law. Most trial lawyers will tell you that when it comes to the judicial races, what they want is an experienced trial lawyer who is fair, knows the law and will rule quickly. I can and will do that. My opponent has been chastised by appellate judges in her own party for repeatedly failing to rule. Delay is costly to the litigants, their attorneys and the taxpayers who pay for the courts.
Under our system, the judiciary is tasked with determining whether laws passed by the legislature are constitutional then enforcing those laws. As a result, the courts have the power to nullify any law passed by the legislature. Your judges are important and deserve your vote.
Q: Is there anything else you would like voters to know?
A: As a businessman since 1992, I have led teams of lawyers and other professionals. As a managing member of a boutique law firm, I appreciate the importance of working hard to foster teamwork, personal responsibility and respect. I know how to manage cases efficiently and effectively, with due respect for the citizens who serve on juries, the parties, the attorneys and courtroom personnel. I also understand that the court is funded by taxpayer’s money and would work to ensure that the court is run efficiently to minimize waste of both the litigants’ and the taxpayers’ money.
Candidate responses may be edited to comply with Texas Lawbook style guidelines.
Publisher’s Note: This coverage of the 2020 judicial elections by The Texas Lawbook is being made available outside our paywall courtesy of Thompson Coburn and Carter Arnett.